2011-005 ORD LIMITATION ON BURIALS AMENDMENT OF SECTION 21-7ORDINANCE NO. 2011-005
A1V ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS,
AMENDING SECTION 21-7, LIMITATION ON BURIALS, OF ARTICLE I,
CHAPTER 21, OF THE CITY OF PARIS CODE OF ORDIIVANCES BY
REVISING SECTION 21-7 OF SAID CODE BY REVISING THE
REQUIREMENTS FOR BURIAL DEPTH TO COMPLY WITH STATE LAW;
PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS
CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 714.001 Depth of Graves of Chapter 714 of the Texas Health and
Safety Code provides that the body of a decedent may be buried one and one-half feet
below the surface of the ground if the container if made of an impermeable material; and
WHEREAS, the City Council of the City of Paris hereby finds that Section 21-7,
Limitation on Burials of Chapter 21 of the Code of Ordinances of the City of Paris, Texas,
should be amended to comply with State Law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNFIL OF THE CITY OF
PARIS, TEXAS:
Section 1. That the findings set out in the preamble to this ordinance are hereby
in all things approved.
Section 2. That Section 21-7, Limitation on Burials of Article I, Chapter 21, of the
Code of Ordinances of the City of Paris, Texas, be and the same is hereby amended to read
in its entirety as follows:
"Sec. 21-7. Limitation on burials and depth of graves.
(a) It shall be unlawful to bury the dead body of any person within the
corporate limits of the City outside the limits of an established cemetery
or a duly established columbarium. The body of decedent may not be
buried in a manner so that the outside top surface of the container of the
body is:
(1) Less than two feet below the surface of the ground if the container
is not made of an impermeable material; or
(2) Less than one and one-half feet below the surface of the ground if
the container is made of an impermeable material.
(b) This section does not apply to burials in a sealed surface reinforced
concrete burial vault.
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Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict
with the provisions of this ordinance are hereby repealed, and all other provisions of the
ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain
in full force and effect.
Section 4. That the repeal of any ordinance or part of ordinances affected by the
enactment of this ordinance shall not be construed as abandoning any action now pending
under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any
penalty accruing or to accrue, or as affecting any rights of the municipality under any section or
provisions of any ordinance at the time of passage of this ordinance.
Section S. That it is the intention of the City Council of the City of Paris that this
ordinance and every provision hereof, shall be considered severable, and the invalidity or
partial invalidity of any section, clause, or provisions of this ordinance shall not affect the
validity of any other portion of this ordinance.
Section 6. That any person violating any provision of this ordinance shall be guilty of
a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of
Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's
continuance of any violation of the above-enumerated sections shall constitute and be deemed
a separate offense.
Section 7. Introduced and read on first reading on February 28, 2011, at a
regular meeting of the City Council of the City of Paris and read and passed on second
reading on March 14, 2011, at a regular meeting of the City Council of the City of Paris; the
same being two (2) separate regular meetings of the City Council of the City of Paris
Section 8. That this ordinance shall become effective from and after its passage of
the second reading and publication as required by law.
PASSED AND ADOPTED on second and final reading this 14th day of March, 2011.
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iard, =Mayor
ATTEST:
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nice Ellis, City Clerk
APPROVED A FORM:
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W. Kent Mc ity Attorney